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Home / 2009 / July (page 25)

Monthly Archives: July 2009

CRIMINAL – Sentencing – Ineffective Assistance (access required)

A former revenue officer for the IRS who pleaded guilty to structuring financial transactions cannot overturn his sentence with a claim that he only took a plea because his lawyer told him he would not go to prison; a Norfolk ...

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CONTRACT – Nonsolicitation Clause – Investment Clients – Injunction (access required)

After weighing an investment firm’s affidavits with non-affiant accounts alleging that two former employees breached nonsolicitation agreements by contacting clients when they changed firms, a Norfolk U.S. District Court denies a preliminary injunction to the firm pending possible arbitration of ...

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CRIMINAL – Sentencing – Violent Felony – Conspiracy Offense (access required)

A district court did not err in sentencing a defendant convicted on a firearms offense as an “Armed Career Criminal,” based on a record that included a conviction under North Carolina law for conspiracy to commit robbery with a dangerous ...

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LABOR – NLRA – Rehire Order (access required)

The 4th Circuit upholds an order requiring Mammoth Coal Company to offer employment to persons it had refused to hire because of union affiliation, but denies additional injunctive relief sought by the NLRB. After an administrative law judge found that ...

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IMMIGRATION – Asylum Applicant – FGM – One-Year Deadline (access required)

The 4th Circuit upholds the Board of Immigration Appeals’ denial of a 28-year-old Senegalese woman’s petition for review of the denial of asylum under the Convention Against Torture, based on her parents’ assertion of their right to subject her to ...

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CRIMINAL – Interrogation – Coercion – Carjacking Charge – Police Taunt (access required)

A detective’s taunt, “I bet you want to talk now,” after defendant was shown carjacking charges identifying him as the triggerman and “DEATH” as the penalty was not improper coercion requiring suppression of defendant’s subsequent statements after waiver of his ...

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CRIMINAL – Habeas – N.C. Death Penalty – Ineffective Assistance (access required)

On an issue of first impression, the 4th Circuit joins the 6th and 2nd Circuits to hold that a state post-conviction court’s alternative ruling on the merits gets the same deference from a federal habeas court under the Antiterrorism & ...

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ADMIRALTY – Vessel Collision – Chinese Waters – Forum Non Conveniens (access required)

In this complex litigation arising from the collision in Chinese territorial waters of a Panamanian vessel chartered by a Swiss corporation, with a dredge owned by a Netherlands company, the district court did not abuse its discretion in applying the ...

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